2. The costs of lawsuit shall be borne by the Plaintiff.

A. (1) On August 2, 2014, the Defendant concluded a contract between D and D on behalf of C by setting the construction cost of KRW 400 million and the construction period from August 2, 2014 to November 30, 2014 with respect to the construction of the three-story detached houses and the first and second-class neighborhood living facilities (hereinafter “instant building”).

(2) On March 4, 2015, the Defendant completed registration of initial ownership relating to the instant building.

B. The Plaintiff, among the instant buildings, performed the interior works of the first floor restaurant and the second floor coffee shop and the Defendant’s mother located near the instant building (hereinafter the foregoing interior works collectively referred to as “the instant interior works”).

C. (1) The Defendant remitted KRW 6,986,00 to the Plaintiff, KRW 12 million on March 13, 2015, and KRW 6,986,00 in total on six occasions from May 9, 2015 to June 19, 2015.

(2) The Defendant paid D totaling KRW 508,300,670 from August 5, 2014 to July 15, 2015, the Defendant paid D totaling KRW 508,300,670, and there is no evidence to prove that the Defendant paid KRW 3 million on October 23, 2014 among the construction price lists paid to D as stated in the Defendant’s preparatory document as of January 28, 2016, the amount paid to D totaling KRW 508,30,670 (= KRW 511,300,670-3 million).

The above amount includes the money paid by the Defendant to the Plaintiff as above.

Grounds for recognition: Facts without dispute, Gap 1, 3, 4, Eul 1-8 (including various numbers for each number), the whole purport of pleadings.

2. Determination

A. (1) The Plaintiff’s assertion (1) concluded a contract with F, the Defendant’s mother, for the instant interior works, and completed the construction from May 8, 2015 to June 16, 2015.

However, since the Defendant paid only 17,480,000 won out of the above construction cost of KRW 44,380,000 and did not pay the remainder of KRW 26,90,000, the Defendant is liable to pay the Plaintiff the above KRW 26,90,000 and the damages for delay.

(2) The defendant's assertion is D and this case.